While facing an enormous budget deficit, the Arizona legislature passed Tuesday what's being described as "the toughest state law against illegal immigration in the nation," a bill that has as its goal to "make life difficult" for illegal immigrants in the state. The side effects of the bill are expected to make life difficult for legal residents, some immigrants, some not.
The bill [PDF] requires law enforcement personnel to make "a reasonable attempt" to determine the immigration status of anyone with whom they make "lawful contact" and who they also, for whatever reason, think might be in the United States illegally. Lawful contact, in this case, seems to include both witnessed and suspected misdemeanors. So, yes, you can be pulled over for a suspected traffic violation -- like driving without a license -- and then immediately be asked to produce your proof of resident status. If you can't do it, you can face jail and up to $2,500 in fines, and if arrested, you'll be reported to the U.S. Immigration bureau immediately.
It also makes it illegal to solicit workers for day labor jobs, in a very strange way: it's now illegal in Arizona to stop your car on the street with the intent of hiring someone, and it's illegal to get into a car with the intent of doing work for someone.
The bill isn't law yet; it still has to go back to the Arizona Senate for an expected approval of some House changes, and then Governor Jan Brewer has to sign it. Brewer, a Republican, hasn't said she'll sign it, but she seems to be signaling that way: her spokesman said she has "a strong and consistent track record of supporting responsible immigration-enforcement measures." The recent killing of an Arizona cattle rancher near the border has sparked growing, intense pressure from anti-immigration groups within the state for something drastic to be done. (Just ask John McCain).
This hardly seems to qualify as responsible. As the ACLU of Arizona points out, the law could easily lead to profiling and could possibly subject U.S. citizens and legal immigrants to jail time or fines despite being here legally, if they aren't immediately able to provide proof of residency. Arizona has about 50,000 illegal immigrants; it has nearly 2 million citizens who claimed Hispanic or Latino origin in 2008. Many of those citizens may now face increased hostility from Arizona law enforcement officials; they have already faced increased discrimination, following earlier laws that made employers wary of hiring even legal immigrants.
Arizona is facing the worst state budget gap in the nation, representing nearly a quarter of its general fund; current plans call for drastic cuts to education, state prison services, court funding, and hospital services. The state is also relying on a 1 percent increase in sales tax to first pass voters and then to raise $1 billion toward closing the gap.
So at a time when consumer spending is the only thing that can save Arizona, they've passed a law that not only isn't constitutional, and will require enormous legal spending to defend, but that will also make sure a large chunk of its population is suddenly going to think twice before driving to dinner, taking in a movie, or getting an after-work drink, lest they be harassed by police officers on immigration patrols. Nice work, AZ legislature. This seems like an enormous, aggressive lose-lose.
Can't wait to see what John McCain thinks of it.


Salon.com
Comments
Yeah, I kind of always do. Thanks for the comment!
No?
Then your only complaining about a state enforcing the law b/c it's a red state.
And some nut blew it so far out that it had to use the word nazi.
Shamefull.
The simple fact is that immigrating illegally to our country is illegal, and we have a problem with it. It is a crime that has a huge rate, with growth each year. This bill is designed to curb crime in our country. There is no problem here.
I work with college students, and it's my job to make sure they stay here legally. I can guarantee that 100% of them under my supervision are here legally. Yet when I traveled with a group of them last month two of them had trouble in the airports we were traveling through because workers there didn't think their documents showed they were here legally.
Why?
Because unlike what the amateur thinks, there are tons and tons of immigration documents issued by the government that work in concert together to show whether someone is here legally. It's not just a passport -- a passport only shows you have a citizenship elsewhere. It's not just a visa -- visas only show that you AT ONE POINT had permission to attempt to enter the US. And all of our friends from Canada, for example, are exempt by law from having to get a visa. Also, did you know it's perfectly legal for someone to be here in the US with an expired visa? Visas don't grant duration of residency -- they only matter when you're outside trying to get in.
Drivers' licenses = legal permission to drive a vehicle. They don't typically include any indicator of someone's immigration status. Yes, they may be used to prove identity, but that's not the same as immigration status. Some states may have made immigration status a determination of whether someone can get a license or not, but many states don't want to do that because 1) the federal government asking them to do so without providing assistance to do that is an unfunded mandate & 2) what would you rather have -- a safely-driving illegal immigrant in the car next to yours or an unsafe, untrained driver who knows they can't get a license so they won't even try?
Until you know what you're talking about . . . -- well, you can guess what the rest of that line is.
You have to live here to believe it. This is what happens when people automatically vote for the person with the (R) next to their name regardless of intelligence, integrity or common sense.
>traffic violation -- like driving without a license -- and
>then immediately be asked to produce your proof of
>resident status. If you can't do it, you can face jail and
>up to $2,500 in fines, and if arrested, you'll be reported
>to the U.S. Immigration bureau immediately.
Translation: you look anglo or even black? No problem. You look hispanic or oriental, and don't speak American English without a foreign accent? You have problems mon ... 'less you have a green card or a US passport.
Any honest judge would have a field day with this one due to "probable cause" and "unreasonable search and seizure," and I suspect many will.
As others have noted ... the legislature in AZ is doing this kind of nonsense in lieu of actually DOING SOMETHING about Arizona's real problems ... this isn't all that much different from accusing the Jews of poisoning the wells ... any scapegoat to divert public rage will do.
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